Case initiated about the legal norm restricting a perpetrator of violence to adopt a child
The case on conformity of Section 163, Paragraph four, Clause 1 of the Civil Law with Article 110 of the Constitution of the Republic of Latvia was initiated on Monday, 6 January.
The contested norm stipulates that the adopter may not be a person who has been punished for criminal offences related to violence or threatening of violence – regardless of extinguishing of the criminal record or removal thereof.
The case was initiated on the basis of an application submitted by the Rīga Regional Court. There is a pending civil case in the records of the applicant that was initiated following the application for the approval of adoption. The applicant considers that the Orphan’s and Custody Court, in compliance with the precautionary principle, has the ability to assess individually whether the particular person who had previously committed a criminal offence related to violence could pose a greater threat to the safety of a child than a person with no criminal record. Accordingly, the prohibition provided for in the contested norm that the adopter may not be a person who has been punished for criminal offences related to violence is disproportionate and fails to conform to Article 110 of the Constitution.
It was already recognised in the judgment by the Constitutional Court in case No. 2019‑01‑01 “On Conformity of Section 163, Paragraph four, Clause 1 of the Civil Law with Articles 96 and 110 of the Constitution of the Republic of Latvia” that the contested norm fails to conform to Article 110 of the Constitution, insofar as this norm provides for the prohibition on persons applying for the adoption of a child of the other spouse. However, it is the pending case where the Constitutional Court should assess the constitutionality of the contested norm in the context of other legal circumstances covered by this norm.
The Constitutional Court requested the authority which issued the contested act, i.e. the Saeima, to submit by 7 March 2025 to the Constitutional Court a letter of response detailing the factual circumstances of the case along with the legal justification thereof. The deadline for the preparation of the case is 6 June 2025. The Court shall decide on the procedure and date for hearing the case once the case is prepared.
Linked case: 2025-01-01